Agenda 10/12/2010 Item #16C 1
Agenda Item No. 16C1
October 12, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to enter into an Interlocal Agreement between Collier County and the City of
Marco Island requiring the City to adopt the Collier County Recycling Ordinance, Ordinance
No. 2009-56, as amended.
OBJECTIVE: To enter into an Interlocal Agreement between Collier County and the City of Marco
Island for the City's adoption of the Collier County Recycling Ordinance, Ordinance No. 2009-56, as
amended, and all future amendments to that ordinance.
CONSIDERATIONS: The Solid Waste Management Department (Department) is responsible for
managing the Collier County Landfill (Landfill). Commercial properties generate approximately 58
percent of the municipal solid waste buried in the Landfill. As a steward of the Landfill, the
Department evaluates recycling and diversion programs that enable the County to conserve valuable
landfill capacity.
On October 27, 2009, under Agenda Item 17E, the Board of County Commissioners (Board) approved
Ordinance No. 2009-56 to amend Ordinance No. 2004-50, the Collier County Non-residential
Recycling Ordinance to require recycling at commercial properties. On December 5, 2006, the Board
approved the Integrated Solid Waste Management Strategy (ISWMS) that included aspects related to
source reduction, materials reuse, and recycling. Components of the ISWMS include enhancing
education and enforcement of recycling by the commercial sector; promoting recycling at residential
multi-family facilities; and, implementing recycling at temporary events and venues.
The businesses and residents of the City of Marco Island use the Landfill to dispose of municipal solid
waste. As such, the City has a vested interested in preserving the Landfill's valuable disposal airspace.
This interest is evidenced by the decision of the City of Marco Island's City Council at its August 16,
2010 meeting, nnder Agenda Item 4F, to approve the adoption of the County Recycling Ordinance, as
amended, and all future amendments. The City of Marco Island has adopted the County Recycling
Ordinance with only minor changes to allow the City to review and approve exemptions and
administrative variances, similar to the City of Everglades Interlocal Agreement and the City of
Naples non-residential recycling ordinance.
The proposed Interlocal Agreement will enhance the county-wide efforts to conserve valuable landfill
capacity by increasing recycling, especially by the commercial sector.
FISCAL IMP ACT: There is no fiscal impact to the County. The cost for collection and recycling
services will be incurred by organizers of temporary and special events, and owners or managers of
commercial properties, and venue facilities. Multi-family properties which are currently serviced by
the County's franchised haulers already pay for collection and recycling services.
-
GROWTH MANAGEMENT IMPACT: This lnterlocal Agreement supports the goals and
objectives of the April 2006 Evaluation and Appraisal Report (EAR) amendments to the Solid Waste
Sub-element of the Collier County Growth Management Plan: "I. Develop the means to partially or
completely divert solid waste from the landfill (additional recycling or alternative forms of disposal)."
Agenda Item No. 16C1
October 12, 2010
Page 2 of 6
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient - JEW
RECOMMENDATION: That the Board of County Commissioners enter into an Interlocal
Agreement between Collier County and the City of Marco Island requiring the City to adopt the Collier
County Recycling Ordinance, Ordinance No. 2009-56, as amended.
PREPARED BY: Mary 10 Thurston, Waste Reduction and Recycling Manager, Solid Waste
Management Department.
2
Item Number:
Item Summary:
Meeting Date:
Prepared By
Mary Jo Thurston
Public Utilities
Agenda Item No. 16C1
October 12, 2010
Page 3 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
Recommendation to enter into an Jnterlocal Agreement between Collier County and the City of Marco
Island requiring the City to adopt the Collier County Recycling Ordinance, Ordinance No. 2009-56, as
amended.
10/12/20109:0000 AM
Waste Reduction & Recycling Manager
Date
Solid Waste Department
9/16/20103:36:47 PM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney
9/16/20103:51 PM
Approved By
Jeff Klatzkow
County Attorney
Date
9/16/20105:05 PM
Approved By
Mary Jo Thurston
Public Utilities
Waste Reduction & Recycling Manager
Date
Solid Waste Department
9/17/20108:27 AM
Approved By
Daniel R. Rodriguez
Public Utilities Division
Director - Solid Waste
Date
Solid Waste
9/17/201010:26 AM
Approved By
Thomas Wides
Public Utilities Division
Director - Operations Support - PUD
Date
Utilities Finance Operations
9121t2010 11:16 AM
Approved By
James W. Delany
Public Utilities Division
Approved By
OMS Coordinator
County Manager's Office
Public Utilities Division Administrator
Date
Public Utilities Division
9/23/20102:07 PM
Date
Office of Management & Budget
9/271201010:42 AM
Approved By
Randy Greenwald
Office of Management &
Budget
Approved By
Leo E. Ochs, Jr.
County Managers Office
Management/Budget Analyst
Date
Office of Management & Budget
9/27/20103:38 PM
County Manager
Date
County Managers Office
10/3/201010:32 AM
Agenda Item No. 16C 1
October 12, 2010
Page 4 of 6
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF MARCO ISLAND
REGARDING RECYCLING
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of
this day of , 2010, by and between Collier County, Florida
("County") and the City of Marco Island, FIOIida ("City").
IlliCIT ALS:
WHEREAS, Collier County owns and operates the Collier County Landfill, a valuable
asset with limited disposal capacity; and
WHEREAS, the County has developed a Recycling Ordinance No. 2004-50, as amended
by Ordinance 2009-56 ("the County Recycling Ordinance"), and the County Recycling
Ordinance encourages the municipalities in Collier County to adopt and implement recycling
programs, and
WHEREAS, the businesses and residents of the City use the Collier County Landfill to
dispose of Municipal Solid Waste; and
WHEREAS, the City and County wish to promote recycling to save energy, and natural
resources, and to provide useful products, in addition to helping ensure that valuable and limited
disposal capacity of the County's Landfill is conserved; and
WHEREAS, the City finds it is necessary for the protection of the public health, safety,
and welfare of City residents to require the recycling of recyclable materials generated on non-
residential property, multi-famlly residential prope11y, at temporary events/venue facilities; and
WHEREAS, Collier County and the City wish to enter into an interlocal agreement in
the manner set f0l1h below.
WITNESSETH:
NOW, THEREFORE, in consideration of thc promises and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained
herein, the City and County agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set f0l1h fully below.
Agenda Item No. 16C1
October 12, 2010
Page 5 016
2. The City agrees to adopt the County Recycling Ordinance, as amended and that
all future amendments to the County Recycling Ordinance will include the City within its
enforcement boundmies unless it advises otherwise in advance of the County's adoption of the
amendment.
3. City residents shall be afforded the same rights and privileges as those granted to
County residents to utilize all Solid Waste facilities, and shall pay the same fees and have access
to the same services as County residents.
4. The City may limit the time of the day, as set fOlth in the County Recycling
Ordinance in Section 18 (J), during which collection services may be provided if agreed to by the
County Manager and not in conflict with any provision in an existing or future franchise
agreement between the County and a Recycling Contractor.
5. The administration of recycling rules and standards for "temporary events" as set
forth in Section 9 of the County Recycling Ordinance will be interpreted and administered by the
City as part of its Temporary Use Pelmit process; the City specifically agrees to adhere to
Section 9 (E), (0) and (H) as it may be amended or renumbered, with the understanding that self-
hauling certificates will be retained by the City for inspection by the County at any time.
6. Section 8 (B) of the County Recycling Ordinance, requiring signage for multi-
family container locations shall apply to the City in accordance with Marco Island sign
standards.
7. The City Manager or designee, rather than the County Manager, shall make the
final determinations of exemptions and administrative vmiances under Sections 11 and 21 of the
County Recycling Ordinance; the County agrees that it will consult on any issue involving an
exemption or Valiance as requested by the City. The County will provide compliance SUPPOlt to
the City, as requested on a case-by-case basis.
8. City acknowledges and understands that this agreement may be tenninated by
either party upon one-year notice. Tennination of this agreement or the failure of the City to opt
out to a future amendment of the County's Recycling Ordinance may impact the City's
commercial trash disposal rates.
9. All notices required or provided under this Agreement shall be directed to the
following offices:
For the County: Office of the County Manager
3301 East Tamiami Trail
Naples, FlOlida 34112
Agenda Item No. 16C1
October 12, 2010
Page 6 of 6
For the City:
Office of the Ci ty Manager
50 Bald Eagle Dr.
Marco Island, FlOlida 34145
10. With respect to the subject matter herein, this Agrcement is the entire agreement
between the pmties, superseding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing signed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
~~
Gura crtzan, C ty Clerk
CITY OF MARCO ISLAND, FLORIDA
BY:~~-?~~~
Frank Recker, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
As Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to fOlm and
legal sufficiency:
Approved as to f0l111 and
legal sufficiency:
"'-'D ~\\,
By: \ \\ ~ vvc\J..-
Jennifer B..::vvhite
Assistant County Attomey
1\ '"\ ;i i /)
By C,,-,'t~, J ", ../.~
Alan L. Gabricl
City Attomey